Research On Comprehensive Administrative Law Enfo Rcement Of Town Government And Sub-district Office

Comprehensive administrative law enforcement by town governments and Sub-district offices is an indispensable part of grassroots governance.With the continuous deepening of the reform of the administrative law enforcement system in China,Article 24 of the newly revised Administrative Punishment Law in 2021 stipulates that the power of administrative penalty can be delegated to towns and streets under certain conditions,which is the first time to confirm the decentralization of power in the field of administrative law enforcement at the legal level.However,after the power of administrative punishment has been handed over to towns and streets,how to ensure its lawful and standardized exercise is a new challenge.In theory,"Zhen jie" refers to town governments and Sub-district Offices;Comprehensive administrative law enforcement refers to an administrative law enforcement system,which means that an administrative entity established or authorized by law exercises the administrative law enforcement power originally owned by multiple administrative entities.The legal nature of decentralization should belong to the authorization in traditional administrative law theory.And the essence of decentralization is the redistribution of administrative powers,which can generate new administrative subjects.It is also worth noting that there is a possibility of withdrawing the delegated authority.At the normative level,it is more appropriate to understand that the decision-making body of the administrative penalty power is entrusted to the town and street,with the provincial people’s government as the decision-making body and the provincial people’s government work department as the auxiliary decision-making body;Specific consideration should be given to the undertaking subject in combination with factors such as law enforcement capacity building and complete law enforcement procedures;The scope of power matters can be defined in combination with the system of adjusting measures to local conditions,exercising power frequently on a daily basis,excluding highly skilled professionals,and referring to the relatively centralized exercise of administrative penalty power.In addition,after sorting out and analyzing the current situation of the exercise of administrative penalty power at the grassroots level in various provinces,it can be found that there are practical dilemmas such as different patterns of decentralization of administrative law enforcement power,incomplete comprehensive administrative law enforcement capacity of towns and streets,and insufficient supervision and coordination of administrative law enforcement in towns and streets.In this regard,it can be improved by establishing a mechanism for determining delegated matters with towns and streets as the core,clarifying the specific methods of decision-making on the delegation of administrative law enforcement power,clarifying the financial guarantee system for administrative law enforcement in towns and streets,formulating procedural norms for administrative law enforcement in towns and streets,establishing a sound administrative law enforcement supervision mechanism,and clarifying the coordination relationship between relevant subjects in towns and streets.